sale of property

Please understand that your wife having died intestate, all her property would naturally vest in her immediate heir; i.e your minor daughter. You cannot hope to sell your property off even if you are financially destitute, as chances of your daughter filing a recovery suit against you when she turns a major is likely.

If you are however, urgently in need of financial assistance, you may file an application to DIstrict Court whose jurisdiction you reside. State the circumstances under which you are compelled to sell your child's property. Do not lie.

Your petition should look like this...

IN THE COURT OF DISTRICT & SESSIONS JUDGE AT_____

Original Petition _____/20__

Petition u/section 29 guardian and wards act, 1890

(Act 8/1890)

In the matter of:

Permission to sell the minor child _______ property

The petitioner most humbly states as follows:

1.  That by an order dtd. ___________________ your petitioner was made the appointed guardian of the person and property (ies) of the minor child ____which order is still enforceable.
2. That your petitioner has kept proper accounts of the property held in trust by him and has submitted true and verified accounts, including interest before this court, by which it is clear that the funds in the hands of this petitioner are _______.
3. That the gross net income of this petitioner is Rs. _______
4. That at time of appointment, the property of the minor having _______ share in his deceased mother’s property was approximated to be of the value specified in para (2).
5. That your petitioner most humbly pleads that in the circumstances hereinabove stated, your petitioner desires to sell the minor child’s property for sum of Rs.______ proceeds of which would automatically come to the minor child.
6. That the valuation of the property to be sold would be Rs. _____ per report of the valuation officer and that the same does not fetch any income at present_______________________________________________________                Your petitioner therefore prays:
7. be granted to your petitioner to sell the undivided share of his minor child’s property at a price not less than Rs. ____________& to execute and register the conveyance deed.
8. To redeem the proportionate amounts accruing in respect of the sold premises & apply the balance amount in favour of the minor.
9. To pass other orders in the interests of justice.

(DEPONENT)

(advocate)

Verified by me _____________________ aged _____________ years and currently residing at _____________ that  i have not suppressed any material facts & that contents of the said affidavit , including the schedule thereunder are true and accurate to the best of my knowledge

date:

place:

 Before me

(NOTARY)

grounds must be in bullet form

Ms. Ekta

Please understand that being your daughter's natural guardian.,you would need to file an application before your local city civil/district court within six months time bearing the matter mentioned in my previous post. It does not matter whether she is Hindu by religion or not, as the HMGA is coextensive with the Guardian & Wards Act. Attach the affidavit.

You may contact me on aforesaid e--mail ID for clarification of further queries.

thanks and regards

Advocate Kaybee